under a law of war we can hold the suspect to a enemy combatment not entitled to miranda warnings or the appointment of counsel. the older brother, he was killed on friday, and they investigated him at the request of a foreign government, and they did not find any ties to terrorism. and we are joined from london by a counterterrorism expert, and mike sullivan here is a former acting director of the bureau of tobacco, firearms and explosives. let's start with you in london, will. the fbi talked to this man in 2011. it does beg the question, did they miss something when they talked to tamerlan tsarnaev? >> well, it's always very difficult to say. however, having said that, if you have an individual that is brought in by the authorities and questioned, again, without knowing exactly what the topic or agenda was that they were requesting him on, one would say that there was sufficient intelligence that may have been brought to them by this foreign government. and they could be a potential risk. and one would have hoped they would have been continually monitored beyond that point to insur